Kota Kinabalu: The Kesatuan Perkhidmatan Pegawai Imigresen Sabah (KPPIS) is concerned that a new Federal law risks eroding the State’s autonomous powers, besides creating dangerous overlaps in jurisdiction that will directly affect immigration officers stationed at Sabah’s entry points.
It said the Malaysia Border Control and Protection Agency Act 2024 (Act 860), or AKPS, undermined rights entrenched under the Malaysia Agreement 1963 (MA63), the Federal Constitution and Part VII of the Immigration Act 1959/63.
Its President Azizah S Ahmad said the KPPIS was compelled to speak out following growing debate over Sabah’s immigration autonomy. Both Sabah and Sarawak enjoy internal immigration controls under MA63.
“The existence of an Act with such sweeping and overarching jurisdiction is placing officers in the field in a bind, caught between compliance with new federal policy and upholding the absolute powers of immigration legislation under state authority oversight,” she said.
“This situation puts officers at risk of uncertainty over standard operating procedures and legal safeguards when carrying out enforcement duties.”
In response to what it described as a policy crisis, the KPPIS took its concerns directly to the highest levels of government, meeting Chief Minister Datuk Seri Hajiji Noor twice, on April 27 and May 3 this year.
Azizah said both meetings yielded positive signals from the State Government.
“The State Government expressed a firm stance rejecting the implementation of Act 860 in Sabah on the principle of defending the state’s sovereign autonomy,” she said.
The KPPIS also met with the Minister in the Prime Minister’s Department (Sabah and Sarawak Affairs), Datuk Mustapha Sakmud, on May 4, where KPPIS submitted a formal representation calling for a review of staffing procedures and legal protections for members under the ministry’s purview.
Azizah said KPPIS’ actions were not a challenge to the leadership of the Immigration Department.
“The KPPIS’ struggle is grounded in the constitution. This concerns matters of policy and legislation that need to be realigned with MA63 rights.
“The KPPIS is therefore taking responsibility to elevate the voices of Sabah Immigration staff, particularly those serving at entry points, directly to policymakers at the state level and in the Prime Minister’s Department,” she said.
She added that immigration officers at entry points were currently facing ultra vires confusion and uncertainty over their legal authority as a result of the transition brought about by Act 860’s implementation.
“Our primary focus as a union is to ensure every officer can carry out their duties in an environment that is clear, orderly and protected by law without prejudice,” Azizah said.
“At the same time, we are calling on policymakers to resolve the gaps in this act for the sake of smooth service delivery and the preservation of Sabah’s autonomy,” she added.
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